7/22/2009: Customer signed & dated the proposal to fabricate & install white, aluminum railings for new deck & stairs. Customer added the following language, "Please collect down payment up to $7,000 total from builder Mike Peterson: Classic Carpentry, LLC - balance paid by homeowner upon completion, * work to be completed by August 31st, 2009 or earlier". Original proposal amount was $12,090.00. Builder negotiated price down to $11,090.00. The following language is printed on all proposal forms, "All material is guaranteed to be as specified. Any alteration or deviation from above specifications involving extra costs will be executed only upon written orders, and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our control. Owner to carry fire, tornado, & other necessary insurance. Our workers are fully covered by workman's compensation insurance. Acceptance of Proposal - 50% down payment required with signed proposal, Visa, Discover, & Mastercard accepted, balance due on completion unless otherwise noted; credit cards automatically billed upon project completion. If balance is not paid within 45 days of completion, collection agency referral will occur. Customer assumes all responsibility and liability for the collecting, legal, & attorney fees. No warranty for any interference with the completed job (ie...railing touched before the cement has set)." 7/31/2009: Gretchen Peterson, Classic Carpentry, LLC, in the office to present a check from Classic Carpentry for the 50% down payment, $5,545.00. She instructed Accent to send all related paperwork directly to customer. On 7/31/2009, invoice # 23075 was generated in customer's name & mailed along with a statement showing the 50% down payment was received. Hand written on the statement by Kelly Olene-Stylski, Accent's Business Manager, was that the remaining $5,545.00 would be due "on completion only". Included on the invoice, as with every invoice generated, is the following warranty language: ACCENT ORNAMENTAL IRON & POWDER COATING WARRANTY: All work is warranted for one year from the date of installation & payment received in full. This includes materials (steel), workmanship, & powder coating. NO WARRANTY ON WHITE POWDER COATING. Abuse such as scratches, nicks, and/or chips in powder coating are not caused by "normal use", and are not covered under this warranty. ATTENTION C.O.D. CUSTOMERS: 50% down is due before the product is fabricated, & remaining balance due at time of installation. Please remember to have payment ready when the installer arrives, or the product will remain on the truck. An additional $295.00 will be charged for every return visit. Remaining balance due + additional fees must be paid when installation is complete. Thank You. 8/25/2009: Original fabrication work completed in the shop. 8/25/2009: Powder Coating completed. Later same week, installer began installing railing on customer's deck. Unfortunately some pieces did not fit. Accent quickly identified the errors, and returned to the manufacturing facility where corrections were made over the next week. Customer was regularly updated regarding progress. Final installation occurred 9/8/2009. Classic Carpentry informed Accent customer would not be making final payment, but would rather be negotiating away the last $5,545.00 balance owed due to the delay. The office informed the installer that the remaining balance had to be paid in accordance with the signed proposal or the railings would have to be removed & returned to Accent's manufacturing facility. Customer provided the final payment, and signed & dated Accent's copy of the statement declaring the railing was "received & accepted in good condition". Customer verbally informed the installer he was very happy with the railing. 9/28/2009: Phone call from customer. He is calling to inform us we (Accent) are "on notice". A weld is broken. Kelly Olene-Stylski, Business Manager, informed him that the railing is under warranty, & Accent will take care of any issues. Customer informed Kelly that he sent in a scathing report to Angie's List, & he will have "various inspectors" reviewing the railing before deciding his next move. He does not wish to have any representative's from Accent inspecting the railing. I reassured him we have not been in business since 1952 because we provide shoddy work. We stand behind everything we do, and we will correct any issues. Customer believes the railing is unsafe & wants someone other than Accent to assure him & his wife it is "fundamentally sound". I explained Accent has produced aluminum deck railing for many decades with no safety issues or insurance claims. The conversation lasted more than 25 minutes, mostly allowing customer to relay his concerns. Customer has a one year warranty. Customer is otherwise very happy with the overall look & would prefer to keep the railing. If he chooses to have another fabricator make any repairs, his warranty with Accent will become null & void. I also informed customer that Accent is a member of the BBB Accredited Business Program, & would be willing to use the mediation services they provide. Customer stated he doubts that would be necessary. 10/5/2009: Customer phoned Accent and left message requesting full refund of $11,090.00. Mike Stylski, President & CEO, returned phone call & informed customer a warranty is in place, & offered to perform warranty work. Customer refused service. Accent requested all future correspondence from customer be in writing.